Who is Allowed to File a Wrongful Death Lawsuit?

Immediate family members - including parents, spouses, and children, are almost always eligible to file a lawsuit. However, in California minors need an adult guardian to bring a wrongful death lawsuit to court. Additionally, other family members - such as stepparents, grandparents, and dependents, may also be permitted to file suit in some situations.

How to File a Wrongful Death Lawsuit?

If you believe you have a valid wrongful death claim, you should first consult an experienced lawyers in your area. This is an extremely complex area of the law. In many cases, the perpetrator will be covered by insurance. The insurance company is sure to have an experienced and aggressive attorney to attempt to minimize the amount the insurance will be required to pay. The attorney can help you gather evidence, understand the law, complete necessary paperwork, and build a convincing lawsuit. Hiring an attorney can also help alleviate some of the stress you may be experiencing.

What is the Possible Compensation for Wrongful Death?

You may win compensation from your wrongful death lawsuit to cover the following:

• Medical and funeral costs
• Lost wages, including future earnings
• Lost benefits
• Lost inheritance
• Pain and suffering
• Mental anguish
• Loss of support or companionship
• General damages
• Punitive damages (Punitive damages may usually not be awarded without additional evidence of malice or other extreme circumstances.)

Call our office for a free case review by a personal injury specializing in wrongful death We are available to discuss your specific circumstances and the unique details regarding your case.

Is There a Time Limit To File My Claim?

Every wrongful death lawsuit is subject to what attorneys call a "statute of limitations." Statutes of limitations restrict the amount of time that a person who has lost a loved one to wrongful death has to initiate a lawsuit. Generally, family members are allowed between two years from the date of the incident to file a claim. If they fail to observe the statutes of limitations, their claims will usually be barred forever.

Keep in mind, though, that there are exceptions. A personal injury attorney specializing in wrongful death can explain the statutes of limitations as they person to your case.

Contact our office at (925) 229-4000 to discuss your particular circumstances.